Seeking transparency on interim injunctions
May 02, 2014 | BY
clpstaffThe new Civil Procedure Law has broadened the scope of interim injunctions. But IP rights owners are waiting for clarity about how this important tool will be applied in practice
It is not yet clear how the Supreme People's Court (SPC) will apply interim injunctions to areas where damages can't be measured, such as defamation and the enforcement of trade secrets and non-disclosure agreements. Practitioners say the situation is unresolved; while the SPC needs to provide more clarity, it also wants to let the law develop on its own. How this plays out will affect the development of a litigation tactic that benefits all rights owners.
“The courts will have to determine the future of interim injunctions in types of harm where information can't be undisclosed,” said Elliot Papageorgiou, a partner at Rouse. “This is the new area of focus for interim injunctions. It depends on whether the SPC will grant them more easily or not,” he added.
The Supreme People's Court introduced the concept of interim injunctions in 2001. They were legally exclusive to patent, copyright and trademark infringements until the third amendment of the PRC Civil Procedure Law (中华人民共和国民事诉讼法) on January 1 2013 broadened their scope.
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